KACHADORIAN v. SPENCER

2005 | Cited 0 times | D. Massachusetts | September 19, 2005

CERTIFICATE OF APPEALABILITY

Petitioner sought a writ of habeas corpus which this courtdenied. Now petitioner wishes to appeal and seeks a certificateof appealability.

To the extent the petition was denied for procedural default,the motion is denied. To the extent the dismissal of the petitionwas based on a failure to show the requisite prejudice to sustaina claim of ineffective assistance of counsel, the motion isallowed. Accordingly, a certificate of appealability may issue asto all of petitioner's claims of ineffective counsel at the trialand appellate level.

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